Appeal No. 2005-1393
Application No. 09/751,609
The examiner relies upon the following reference as evidence
of obviousness:
Nagy 3,729,158 Apr. 24, 1973
Appellant's claimed invention is directed to a paintbrush
holder comprising a magnet that engages a ferrule of the
paintbrush. The holder also comprises a resilient member having
a proximal portion attached to a clamp which engages the paint
can, and a distal portion that is attached to the magnet. The
resilient member possesses a force constant which produces
displacement of its distal portion when the paintbrush is
subjected to mechanical shock such that the brush does not slide
off the magnet.
Appealed claims 1-20 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Nagy.
Appellant submits that the appealed claims "do not stand or
fall together" (page 4 of principal brief, first paragraph).
However, only claim 14, and claims 10, 17 and 20 as a group, are
separately argued by appellant. Accordingly, claims 1-9, 11-13,
15, 16 and 18-20 stand or fall together, as do claims 10, 17
and 20.
We have thoroughly reviewed each of appellant's arguments
set forth in the principal and reply briefs on appeal. However,
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